2014 Top Flight Lawyers

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Rising Star Lawyers and Attorneys of Note

A survey of local attorneys reveals the names and faces that you should know.

Gaile Pugh Gratton Sirote & Permutt

Gratton has considerable experience litigating employment claims. She advises clients on the development and implementation of workplace policies and procedures to ensure legal compliance. She conducts investigations of discrimination claims and employee misconduct and performs labor audits. She prepares employee and personnel manuals for private and public employers.

Education: Spelman College, B.A.; Harvard University, J.D. Community: Birmingham Bar Association, Women’s Section, Executive Board; Magic City, Alabama, National and American Bar Associations; Birmingham Business Journal’s “Top 40 Under 40;” Jefferson County Personnel Board, hearing officer; Alabama Council of School Board Attorneys, president, 1994–95; Alabama State Bar Examiner, 1992–96; Leadership Birmingham, Class of 1991; UAB Leadership Council, 1990–95; Alabama Teacher Tenure Act, Task Force on Reformation, past member; YWCA, junior board, past member; Birmingham Healthcare for the Homeless, junior board, past member; Legal Services of Metro Birmingham, board of directors, past member.

Bradley Sklar Sirote & Permutt

Currently, Sklar serves on the executive committee at Sirote & Permutt and is also 100

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former cochair of its Corporate & Tax Practice Group. At Sirote, he counsels clients in tax and business planning, succession planning, and tax incentives. He was the principal draftsperson of Alabama’s Limited Liability Company Act and frequently advises clients on sophisticated real estate structuring transactions.

Education: Mountain Brook High School; the University of Texas; University of Alabama School of Law; the New York University Masters in Law Program.

Community: Sklar is a proud member of the Mountain Brook School Board, where he serves as vice chairman. He has had active service on the boards of directors for the American Cancer Society; United Way Tocqueville Solicitations; Birmingham Children’s Theater; and the Birmingham Jewish Federation and Foundation.

Summer Austin Davis

Bradley Arant Boult Cummings, LLP Davis joined Bradley Arant Boult Cummings, LLP, in the fall of 2010 after completing a federal district court clerkship with the Honorable Karen O. Bowdre, United States District Court, Northern District of Alabama. She is a member of the firm’s Litigation Group and her practice is primarily focused on products liability and other complex litigation.

Education: The University of Alabama at Birmingham, B.S.; the Jefferson County International Baccalaureate School; Cumberland School of Law, J.D.

Community: While at Bradley Arant Boult Cummings, Davis has worked on several pro bono matters and has continuously volunteered in the community. In August of 2013, she traveled to Nairobi, Kenya, in conjunction with Lawyers Without Borders, and trained Kenyan Magistrates and Advocates on NITA trial techniques. She currently serves on the United Cerebral Palsy of Birmingham Junior Board, and she is actively involved in her church.

Gayle Douglas

Heninger Garrison Davis, LLC Douglas is a partner with the firm handling a broad range of litigation at the trial and appellate levels. She represents clients in personal injury and death cases arising out of product liability, negligence, and wantonness claims. Her practice also includes complex commercial disputes and class action litigation. She has been involved in several high profile cases, including litigation concerning electronic bingo, which resulted in a jury verdict in excess of $64 million. This verdict was selected by The National Law Journal as one of the Top 100 Verdicts of 2012 Education: University of Alabama School of Law, J.D.; Florida State University, B.S. Community: Douglas currently serves as an attorney coach for the Teen Court of Jefferson County, a sentencing court for juvenile offenders. She is also a regular volunteer with the Birmingham Volunteer Lawyer’s Program.

Photography by Beau Gustafson

Gaile Pugh Gratton Summer Austin Davis

Bradley Sklar Gayle Douglas

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Brooke A. Everley Everley Law, LLC

Everley practices in the areas of estate and gift planning, estate and trust administration, and probate, business succession planning, and general business and corporate law. Her practice includes the preparation of wills, trusts (including life insurance trusts, trusts for minors, and revocable trusts), powers of attorney, health care directives, and prenuptial agreements.

Education: Vanderbilt University, B.A.; the University of Virginia School of Law, J.D. Community: Everley is an active member of the Mountain Brook Community Church, United Way Young Leaders, and the Young Executive Council of Red Mountain Theatre Company. She serves on the Junior Patrons Board of the Birmingham Art Museum and the United Way Legacy Cabinet and was treasurer for the Women Lawyers Section of the Birmingham Bar Association from 2011–13.

Steven Eversole Eversole Law Firm

Eversole is a veteran family law and criminal defense attorney; he has handled countless cases for clients from Birmingham, the surrounding areas, and all throughout the state of Alabama. His office, the Eversole Law Firm, is a one-stop shop for legal matters ranging from divorce to sex crimes and state/federal appeals. He is also the author of three unique blogs, on family law, DUI, and general criminal defense.

Education: University of Alabama, B.A.; Cumberland School of Law, J.D. Community: Eversole is a member of the prestigious National College of DUI Defense; the National Association of Criminal Defense Lawyers; the Alabama Association of Criminal Defense Lawyers; the Alabama State Bar; and the American Bar Association Criminal Justice Section.

W. M. Bains Fleming, III

Norman, Wood, Kendrick & Turner Fleming has experience handling matters ranging from medical malpractice and nursing home defense to toxic and mass tort litigation. He also handles product liability and construction litigation matters.

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Education: Washington and Lee University; Cumberland School of Law. Community: Fleming serves as the chairman of the Rotaract Club of Birmingham Foundation. Prior to his work with the Club’s Foundation, he served two terms as the Club’s service director. He is a recipient of Rotaract’s Directors Award and the Charles A. Collat, Sr. Distinguished Service Award. Fleming is a member of the Leadership UAB Class of 2013 and the 2010 MS Leadership Class and serves on the board of Birmingham Ducks Unlimited. He is also the recipient of the Birmingham Urban League Young Professionals Leadership Empowerment Award. He serves as Samford University’s Cumberland School of Law Young Alumni president and is also a coach for Cumberland’s nationally ranked Mock Trial team.

2011 as an associate attorney. Hardy is licensed to practice law in both Alabama and Florida. She has been practicing domestic and family law since 2010. After her first year of law school, Hardy was selected from the top 25 percent of students in her class to serve as senior editor for the Journal of the Legal Profession. As senior editor, Hardy was responsible for conducting research and providing commentary on cases raising questions of professional ethics.

Education: Florida State University, B.A.; University of Alabama, J.D. Community: Hardy is active in the Family Law Section of the Alabama State Bar Association and the Young Lawyer’s Section of the Birmingham Bar Association, as well as the Birmingham Volunteer Lawyers Project. She is also involved with Birmingham Rotaract.

Kevin Garrison

Erik S. Heninger

Garrison is an associate in Baker Donelson’s Birmingham office. He concentrates his practice in construction litigation and is one of only two attorneys in Alabama accredited by the U.S. Green Building Council (USGBC) as a Leadership in Energy and Environmental Design Accredited Professional for Building Design & Construction (LEED AP BD+C). Before joining Baker Donelson, Garrison worked in the office of the Governor of Alabama and was a law clerk to the Honorable W. Keith Watkins, Chief Judge of the United States District Court for the Middle District of Alabama.

Education: University of Alabama, B.S.; University of Alabama, J.D. Community: He was the recipient of the Baker Donelson’s Birmingham Office Pro Bono Award (2010 and 2011); a 2009 finalist for Birmingham Business Journal’s Green Advocate of the Year; a founding member of the Birmingham Civil Rights Institute REACH; president of the Rotaract Club of Birmingham Foundation; and a member of the executive committee for the Public Affairs Research Council of Alabama (PARCA) Roundtable.

Heninger is a trial lawyer with a practice representing clients involving wrongful death, personal injury, insurance disputes, and business litigation throughout Alabama, Mississippi, and Georgia. The variety of Heninger’s practice includes trucking collisions, medical negligence, bad faith, premises liability, and automobile collisions.

Education: Birmingham-Southern College, B.A.; Cumberland School of Law, J.D. Community: Heninger serves in various service capacities with local, state, and national organizations devoted to upholding the high standards of lawyer competency and to protecting the right to trial by jury in civil cases. He currently serves as a member of the executive committee of the Alabama Association of Justice.

Baker Donelson

Jessie Keating Hardy Kirk.Drennan P.C.

Hardy joined Kirk.Drennan, P.C. in June

Henninger Garrison Davis

Abbott Marie Jones Christian & Small

An appeals lawyer during the day, Jones is also a soprano in the chorus of Opera Birmingham. Along with appellate work, she represents and advises clients in entertainment matters, including contract negotiation, copyrights, and trademarks.

Education: Birmingham-Southern College, B.A.; Tulane University Law School, J.D. Community: Jones serves on the United

Brooke A. Everley

Steven Eversole

W. M. Bains Fleming, III

Kevin Garrison

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PROMOTION

Litigators Representing Clients Across the United States • Complex Litigation • Class Actions and Mass Torts • Catastrophic Personal Injury • Multidistrict Litigation • Products Liability • Pharmaceutical Drug Litigation • Defective Medical Device Litigation • Environmental Litigation • Shareholder Disputes

PROMOTION

topflight attorneys

CLASS ACTIONS MASS TORTS PERSONAL INJURY ENVIRONMENTAL LITIGATION Helping People for More than 30 Years Cory Watson Crowder & DeGaris attorneys have recovered more than $1.4 billion for our clients and we remain committed to advocating for those injured by the wrongful conduct of others. Cory Watson attorneys have been appointed to serve as Lead Counsel, Class Counsel and to other leadership roles in high profile mass torts litigation and class actions; the firm is recognized nationally for its work in litigation involving pharmaceutical drugs and defective medical devices.

Cory Watson Crowder & DeGaris is AV-Rated™ by Martindale-Hubbell and our attorneys have been selected for inclusion in Best Lawyers in America®, Super Lawyers®, Multi-Million Dollar Advocates Forum®, Top Birmingham Attorneys, Top 100 Alabama Trial Lawyers, Top 50 Attorneys in Alabama and Birmingham’s Largest Litigation Firms.

COMMITTED TO COMMUNITY SERVICE The firm’s Cory Watson Cares program gives back to the community. We partner with local non-profit organizations to serve children and families, expand educational opportunities and help people live healthier, safer and happier lives.

Corywatsonlaw.com 2131 Magnolia Avenue, Birmingham, AL 35205 (205)328-2200

CoryWatsonCrowderDeGaris

CoryWatsonLaw

Case descriptions, recoveries and testimonials presented here are not an indication of future results. Every case is different and must be evaluated on its own facts and circumstances as they apply to the law. Litigation outcome and valuation depend on many factors including jurisdiction, venue, witnesses, parties, testimony and documentary evidence. Furthermore, no representation is made that the quality of legal services to be performed is greater than the quality of legal services performed by other lawyers.

Jessie Keating Hardy Cerebral Palsy of Greater Birmingham Junior Board and as vice president of Amici Young Patrons Group of Opera Birmingham (where she performs as a chorus member).

Megan Jones

Huie, Fernambucq & Stewart Jones’s practice is devoted exclusively to civil litigation, representing Fortune 500 companies as well as closely held corporations both in and out of the courtroom.

She concentrates primarily in the areas of workers’ compensation, employment law, and insurance defense, along with product liability and automotive litigation.

Education: Florida State University, B.S.; Cumberland School of Law Community: She is active in Cumberland School of Law’s Trial Program, devoting time to judging current law students in various competitions. She is a member of the Birmingham Volunteer Lawyers Program and the Junior League of Birmingham. Jones also serves on the Junior Board for the Birmingham Children’s Theatre.

Adam Israel

Balch & Bingham, LLP Israel is a member of the Financial Services Litigation Practice Group and the Appellate Litigation Practice Group. His practice centers on financial services litigation, energy litigation, general commercial litigation, and appellate litigation in both federal and 106

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Erik S. Heninger

state courts.

Education: Birmingham-Southern College, B.A.; the University of Alabama School of Law Community: Israel is currently the chairelect of the Birmingham-Southern College Young Alumni Advisory Council and is also a member of the Rotaract Club of Birmingham. In 2013, Israel was named to the Birmingham Bar Association’s Future Leaders Forum.

Jamie Moncus III

Hare Wynn Newell and Newton Moncus joined Hare Wynn in 2003. Since joining the firm, he has dedicated his practice to representing the rights of people and small businesses in civil litigation. He considers himself fortunate to have begun his career trying cases before juries, and he continues to try a number of jury trials each year. He was recognized in 2011 by the National Law Journal for garnering a $37.5 million verdict, which made the prestigious Top 100 list nationwide. In 2013, he represented the family of a man killed by a drunk driver in a case that generated a jury verdict in excess of $40 million. Moncus has also tried general negligence cases, bad faith insurance cases, contract cases, medical malpractice cases, and aviation cases.

Education: Auburn University, B.A.; Vanderbilt University Law School, J.D. Community: Moncus’s hobbies include cycling, mountain biking, backpacking,

photography, running, sailing, golfing, and wakeboarding. A couple of years ago, after extensive training, he reached the summit of Mount Rainier in Washington State.

David P. Nomberg Nomberg Law Firm

Nomberg primarily represents injured workers throughout Alabama in workers’ compensation as well as personal injury cases. Before entering private practice, he clerked for the Honorable Tom King, Jr., circuit judge, Jefferson County.

Education: The University of Alabama; Jones School of Law. Community: Nomberg is a member of the Birmingham Bar Association Executive Committee and a current member of the Fee Arbitration Committee and Solo/Small Firm Section. He is serving as the treasurer of the Birmingham Bar Association’s Workers’ Compensation Section.

Oscar Price

Christian & Small Price represents clients in business and commercial litigation, construction litigation, and civil and criminal white collar matters.

Education: University of Alabama, B.S.; the University of Alabama School of Law, J.D. Community: Price is a member of the Alabama State Bar 2014 Leadership Forum.

We Understand The Meaning Of Legal Service At some point, everyone experiences legal problems. Your lawyer shouldn’t be one of them. Which is why, for instance, we return most calls within an hour or two. And why we’re willing to take every case to court, if that’s what it takes for the best possible outcome. Because at Parkman & White, we understand that Legal Service means putting you first.

WILLS & PROBATE • DIVORCE & FAMILY LAW • BANKRUPTCY CRIMINAL DEFENSE • WHITE COLLAR / FEDERAL CRIME • DUI DEFENSE

205-244-1920 | 1929 3RD AVE. NORTH, SUITE 700. DOWNTOWN. | PARKMANWHITE.COM

No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers.

PROMOTION

PROMOTION

topflight attorneys

AREAS OF PRACTICE

Trucking & Auto Accidents Catastrophic Personal Injury Wrongful Death Nursing Home Negligence Products Liability Alcohol Related Injuries Auto Defects & Designs Bad Faith Insurance Premise Liability FELA FLSA Collective Actions

Since the founding of Farris, Riley & Pitt in 1996, we have attracted attorneys with a broad array of talent and experience. Each member of our firm shares a common belief that through the practice of law we can serve and protect the rights of our clients by employing a proactive and aggressive litigation standard while striving to meet the individual needs of those we represent.

Our attorneys concentrate their efforts in personal injury, wrongful death, FELA, and FLSA collective actions.

In addition to representing injured clients, our firm is committed to being a legal resource to our community. We’ve partnered with Fox 6 WBRC to provide LawCall, which airs on Sunday nights at 10:30 p.m., and the Clear Channel Radio Network to provide The Birmingham LawLine. Lawcall features guest attorneys from across the state, and allows area viewers the opportunity to ask a wide range of legal questions to a live attorney.

The Birmingham LawLine provides the community ready access to general legal questions and is available twenty-four hours a day.

DeliveringJustice.com FARRIS, RILEY & PITT, L.L.P. 2025 Third Avenue North, Suite 400 The Historic Massey Building Birmingham, Alabama 35203 205.324.1212 or 888.580.5176 Birmingham | Mobile

No representation is made that the quality of legal services to be performed is greater than the quality of legal services performed by other lawyers.

Abbott Marie Jones Thomas Richie

Bradley Arant Boult & C ummings, LLP An associate, Richie joined Bradley Arant in 2008. His practice focuses on representing clients in all manner of business disputes before trial and appellate courts throughout the country. He regularly litigates matters relating to the financial services, securities, and insurance industries.

Education: Samford University, B.A.; Samford University, B.S.B.A.; Cumberland School of Law, J.D. Community: He served as the Cumberland Law Review research editor, 2006–07.

Elizabeth Shirley Burr & Forman

A partner at Burr & Forman, Shirley’s practice includes commercial litigation, arbitrations, governmental investigations and enforcement, and financial services litigation, representing companies as both plaintiffs and defendants in a broad array of business disputes. Prior to entering private practice, Shirley clerked for the Honorable U.W. Clemon of the United States District Court for the Northern District of Alabama.

Education: Virginia Tech, B.A.; Virginia Tech, M.A.; University of Alabama, Ph.D.; University of Alabama School of Law, J.D. Community: Shirley is active in the Ala110

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Megan Jones

bama and Birmingham Bar Associations and volunteers for the American Heart Association.

Shane Smith

White Arnold & Dowd Smith is a shareholder with White Arnold & Dowd P.C., where he began as an associate in 2010. His practice is devoted to family law and assisting and representing individuals in complex matrimonial matters, including those with personal and business assets and custody disputes. Formerly a staff attorney with Legal Services Alabama, Smith has broad experience in domestic relations, domestic abuse, child custody, nontraditional family law, and paternity and child support issues.

Education: Auburn University, B.A.; University of Southern Mississippi, M.A.; Birmingham School of Law, J.D. Community: Smith is a member of the Young Lawyers and Family Law sections of the American Bar Association, executive board secretary for the Alabama State Bar Family Law Section, and a member of the Future Leaders Forum through the Birmingham Bar Association. Smith is a codirector of the Alabama Family Law Section’s annual “Divorce on the Beach” seminar and a Legal Leader of Birmingham through the Muscular Dystrophy Association.

Tammy McClendon Stokes Guin Stokes & Evans, LLC

Stokes’s practice is focused upon the prosecution and defense of class actions, especially in the areas of securities, antitrust, ERISA, tax, consumer protection, and mortgage litigation. Since joining the firm in 1998, Stokes has exercised lead roles in many of the firm’s highest profile cases, including the firm’s extensive RESPA litigation.

Education: Samford University, B.S.; Cumberland School of Law, J.D. Community: She is a member of the American Bar Association, the Alabama Bar Association, and the Birmingham Bar Association, as well as the Mountain Brook Chamber of Commerce and NASCAT, the National Association of Securities and Consumer Attorneys.

Jamie Wilson

Benton & Centeno, LLP Wilson is a partner in the law firm of Benton & Centeno, LLP. Her practice focuses on bankruptcy and commercial litigation.

She represents individuals and companies in connection with all types of financial matters including secured transactions, contract disputes, insolvency, chapter 11 reorganization, fraudulent transfers, and adversary proceedings. She practices in state and federal courts, including bank-

Adam Israel David P. Nomberg

Jamie Moncus III Oscar Price

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Elizabeth Shirley

Shane Smith

Thomas Richie ruptcy court.

Education: University of Tennessee at Chattanooga, B.A.; Cumberland School of Law, J.D. Community: Wilson is currently a member of the Alabama State Bar. She serves on the Leadership Forum and Insurance Planning Committees and the Birmingham Bar Association, where she serves on the Long Range Planning and Entertainment Committees and as a Board Member of the Bankruptcy and Commercial Law Section.

She has served as the treasurer for the International Women’s Insolvency Network (IWIC) for the last two years.

Matt Wright

The Wright Law Firm Wright is an attorney and president of The 112

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Wright Law Firm, P.C. His practice works in the following fields: personal injury, wrongful death, car accidents, real estate law, criminal defense, DUI defense, civil practice, wills and estates, probate law, arbitration, civil litigation, landlord/tenant, real estate transactions, and contracts/business litigation.

Education: Jefferson State Community College, A.S.; University of Alabama at Birmingham, B.S.; Birmingham School of Law, J.D. Community: He is a member of the Alabama State Bar and Birmingham Bar; a Licensed Home Builder; a member of the Trussville Area Chamber of Commerce; a National Rifle Association Life Member; and a United States District Court Notary Public.

Christopher L. Yeilding Balch & Bingham, LLP

Yeilding is a partner and a member of the firm’s litigation section, as well as the health law and business litigation practice groups.

He works in the fields of business litigation, insurance coverage litigation, environmental litigation, and life, health disability, and ERISA. Education: The University of Alabama, B.S.; The University of Alabama School of Law, J.D. Community: Yeilding is active in the American, Alabama, and Birmingham Bar Associations, as well as in the Defense Research Institute.

Tammy McClendon Stokes Matt Wright

Jamie Wilson Christopher L. Yeilding

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The Judges

The Honorable Houston L. Brown

The Honorable Joseph L. Boohaker

The Honorable Robert S. Vance

Photo by Lindsey Griffin

The Honorable Houston L. Brown

The Honorable Caryl P. Privett

The Honorable Joseph L. Boohaker

The Honorable Robert S. Vance

Judge Brown has been serving as a civil court judge for Jefferson County since April of 2000, and has served in both the Criminal and Civil Divisions of the Circuit Court. Brown, a native of Birmingham and graduate of A. H. Parker High School, holds a B.A. in economics from Talladega College and a J.D. from the Cumberland School of Law. He has practiced law in Jefferson County since 1973.

He is married to Betty Winston Brown; they have two sons and five grandchildren. Brown is the recipient of numerous community and professional awards for his service through the years. Judge Houston L. Brown was elected Presiding Judge for the Tenth Judicial Circuit of Alabama.

Judge Boohaker, a graduate of the University of Alabama (B.S., 1976; J.D., 1979), became a circuit judge for Jefferson County in January of 2001. Boohaker served as a judicial law clerk to the Judges of the 11th Judicial Circuit in Florence, Ala., (1979–80) and worked in private practice (1980–2000) before serving as a judge. He is active in the American Bar Association, the Birmingham Bar Association, and the Circuit Judges’ Association.

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Judge Privett, a graduate of Vanderbilt University (B.A., 1970) and New York University (J.D., 1973), became a circuit judge for Jefferson County in January of 2003. Privett has worked for Crawford & Blacksher (1973–74); Adams, Baker, & Clemon (1974–76); the Office of the U.S. Attorney (1976–98); U.S. Attorney for the Northern District of Alabama (1995–98); and was in private practice (1998–2003).

Privett is an adjunct professor at the Cumberland School of Law at Samford University (1998–Present). She is active in the American Bar Association, the National Conference of Women’s Bar Association, the Alabama State Bar Association, and the Alabama Academy of Attorney Mediators.

Judge Vance has served as a civil circuit judge for Jefferson County since October of 2002. Prior to this, Vance practiced law with the Birmingham firm of Johnston, Barton, Proctor, & Powell, L.L.P. and clerked for Hon. Tom McGee on the U.S. Court of Appeals for the Fifth Circuit. Vance is a graduate of Princeton University (1982) and the University of Virginia School of Law (1985). Vance ran unsuccessfully for Chief Justice of the Alabama Supreme Court in 2012.

PROMOTION

topflight attorneys

Building upon a rich history dating back to 1943, two of Birmingham’s most experienced and respected law firms, Feld Hyde, P.C. and Dominick, Fletcher, Yeilding, Wood & Lloyd, P.A., joined together to form Dominick Feld Hyde.

When you need a lawyer, you want to know that you are getting the best legal guidance in Birmingham. At Dominick Feld Hyde, the expert knowledge of its team of attorneys speaks for itself. This year, ten Dominick Feld Hyde attorneys are included in the 2014 edition of The Best Lawyers in America®, one of the most highly regarded referral publications in the legal profession. Additionally, eleven of our attorneys are distinguished by Super Lawyers®, an organization that employs a patented, multi-phase selection process comprised of independent research, peer nominations, and peer evaluations.

Furthermore, four of our attorneys have been recognized by Best Lawyers® as Birmingham’s “Lawyer of the Year” in their respective practice areas – Health Care (2010), Family Law (2012), Litigation and Controversy – Tax (2012), Trust and Estates (2014), Litigation – Trusts & Estates (2014). Only one Birmingham lawyer in each practice area is so honored each year.

While the attorneys of Dominick Feld Hyde succeed as individuals, our firm has also garnered great success as a unit.

Our firm received first-tier rankings by the U.S. News 2014 Best Lawyers® “Best Law Firms” for Birmingham in the following practice areas: Trusts & Estates Law, Tax Law, Health Care Law, Family Law, Litigation - Trusts & Estates Law, Litigation & Controversy - Tax. We at Dominick Feld Hyde attribute our successes to our “client first” philosophy; our focus on providing the utmost quality legal service to our clients has been the driving force of our practice. We are proud to offer nine practice areas for our clients: tax law, estate planning, estate and trust administration, hospital and healthcare, business transactions, nonprofit organizations, family law, litigation and real estate.

Within these areas, our 22 attorneys have a depth and breadth of experience that is equal to or greater than most law firms in Alabama, with 10 of our lawyers having advance degrees in tax law. So, the next time you are in need of legal service, give us a call. Our attorneys have the expertise, desire, and experience to provide you the legal guidance you

1130 22nd Street South, Suite 4000 • Birmingham, AL 35205 (205) 536-8888 • www.dfhlaw.com No representation is made that the quality of legal services to be performed is greater than the quality of legal services performed by other lawyers.

Lifetime

Achievers

One of the most important questions we asked, the one with perhaps the most far-reaching implications, involved our lifetime achievement award. We asked for the names of attorneys who, over a long career, have made a major, positive impact on the practice of law in metro Birmingham. Of the many responses we received, the eight people featured on these pages were mentioned time and again as upholding the highest standards of legal practice, while making a lasting impression on this city’s legal community.

Clarence Small Christian and Small

The hallmarks of Clarence Small’s life in the law have been professionalism and service. His professionalism has been recognized by his induction as a fellow of the American College Trial Lawyers, the International Academy of Trial Lawyers, and the American Bar Foundation. His service has been acknowledged by his work as president of the Birmingham Bar Association and the Alabama State Bar. Small has a broad range of experience as the trial lawyer for a diverse clientele. He has tried a myriad of cases, from representing national financial institutions and manufacturers in complex transactional disputes and multi-party litigation, to assisting individuals in personal injury disputes. He has tried cases in every county in Alabama and in all of Alabama’s federal courts, as well as other jurisdictions around the county. His 116

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broad range of trial experience, his genuine friendship with other members of the bar, his patience, and his ability to quickly and thoroughly grasp the most important points of any legal issue or dispute, place Small in high demand as a mediator and arbitrator.

U.W. Clemon

White Arnold & Dowd U.W. Clemon is a native of Fairfield, Ala., one of nine children of Mississippi sharecroppers. At age 13, he was inspired to become a lawyer after witnessing an incident of police brutality. He was educated in the segregated public schools of Jefferson County. While a student at Miles College, he participated in the protests culminating in Dr. Martin Luther King’s Birmingham demonstration in 1963. He served as president of the student body and graduated as valedictorian of the Miles College class of 1965. While a student at Columbia Law

School in New York, he worked part time with the NAACP Legal Defense Fund. He returned to Birmingham after law school graduation and practiced law in the firm of Adams, Baker, and Clemon (the ABC firm).

As a member of the ABC law firm, he handled the school desegregation cases involving the largest school systems in north Alabama. He filed a lawsuit in 1969 against the legendary Paul “Bear” Bryant, seeking to desegregate the University of Alabama’s football team. He also handled many of the employment discrimination lawsuits against Alabama’s largest employers, including United States Steel Corporation and the Jefferson County Personnel Board. In 1974, he became one of the first two African-Americans elected to the Alabama Senate since Reconstruction. In 1980, President Jimmy Carter appointed him as the first AfricanAmerican federal judge in the history of the state of Alabama. He served nearly 30 years as a judge on the Northern District

WINNING SINCE 1890

IT NEVER GETS OLD WE ARE IN OUR SECOND CENTURY OF SUCCESSFULLY REPRESENTING PLAINTIFFS. THAT LEGACY OF EXCELLENCE CONTINUES WITH THE WORK OF OUR RISING STARS.

BRIAN VINES

ASHLEY PEINHARDT

JAMIE MONCUS Partner

HUGHSTON NICHOLS

BIRMINGHAM • LITTLE ROCK LEXINGTON • FAYETTEVILLE HWNN.COM

Since 1890 No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers.

of Alabama. He was the chief judge of the Court between 1969 and 2000. He served on the Executive Committee of the Eleventh Circuit Judicial Council between 2003 and 2006. He sent his retirement letter to President Obama on Inauguration Day 2009, reentering the full-time practice of law; he is now a shareholder in the Birmingham law firm of White Arnold & Dowd.

In 2006, the Alabama Bar Association gave him its coveted Judicial Award of Merit. He has also received the highest award of the National Bar Association. In 2008, the American Association of Justice conferred on him its Johnny Cochran Soaring Eagle Award. In 2010, he was given the Thurgood Marshall Award by the Prince Hall Shiners’ of America. In 2013, the American Bar Association selected him for its John H. Pickering Award, in recognition of his substantial contributions to the profession.

Charles Denaburg Najjar Denaburg

Charles Denaburg, a senior shareholder, practices in the firm’s corporate and business law, mediation/alternative dispute resolution, and insolvency and restructuring groups. A native of Birmingham, Denaburg received his B.S and his J.D. from the University of Alabama. He is admitted to the Alabama State Bar; the United States Court of Military Appeals; the United States Court of Appeals, Eleventh Circuit; and the United States Supreme Court. He has been active in the Alabama Academy of Attorney Mediators, having served as president. He is a member of the Birmingham Bar Association, the American Bar Association, the Alabama State Bar (Bankruptcy and Insolvency Section), and the Commercial Law League of America (Bankruptcy and Insolvency Section). He is a fellow of the American College of Bankruptcy and the American Arbitration Association. Denaburg is a frequent CLLA lecturer for the Birmingham Bar Association, the Alabama Bar Institute for C.L.E., Cumberland School of Law C.L.B., National Business Institute, and Professional Education Systems., Inc. He is certified in Business Bankruptcy Law and Creditors’ Rights Law by the American Board of Certification.

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Ralph Cook

City of Birmingham Ralph D. Cook became the City Attorney for Birmingham on Feb. 6, 2014. Prior to joining the city, he was an attorney with the law firm of Hare, Wynn, Newell & Newton, LLP in Birmingham, joining the firm in February 2001. At Hare Wynn, he was involved in severe and catastrophic personal injury cases, wrongful death cases, business litigation, and other legal areas. He also maintained a Mediation and Arbitration Practice.

Justice Cook, the second of three children of Joe and Nannie Cook, was educated in the public schools of Jefferson County.

After receiving a bachelor of science degree at Tennessee State University in Nashville, he received his J.D. from Howard University School of Law in Washington, D.C. Cook served in the Alabama Judiciary for 24 years. In 1981, he was appointed circuit judge in the Bessemer Division of the Tenth Judicial Circuit by Gov. Fob James and was twice elected. Cook served in the domestic relations division of the court until 1984 and in the civil division of the court until Nov. 1, 1993. Prior to his appointment to the circuit court, he was elected district court judge and served for four and a half years in the Family Court of Jefferson County, Bessemer Division. He was appointed Associate Justice of the Supreme Court of Alabama by the Honorable Jim Folsom, Jr., governor of the state of Alabama, on Nov. 1, 1993, and elected to this position Nov. 8, 1994. He served on the Supreme Court of Alabama until Jan. 15, 2001.

Cook served as dean and law professor at Miles Law School for 24 years. He has also taught at San Jose State University and Cabrillo College in California.

Cook has received awards from professional associations, community organizations, colleges, and churches throughout the state of Alabama. He is the recipient of the Alabama State Bar Judicial Award of Merit for 1996. He is a member of the Alabama State Bar Association, California State Bar, National Bar Association, Birmingham Bar Association, and the Bessemer Bar Association and a fellow in the American College of Trial Lawyers. He served as president of the Alabama Lawyers Association and the

Alabama Association for Justice and is an elected member of the American Law Institute.

In 2010, Cook was presented with the Heart of an Eagle Award by the Birmingham Council, Boy Scouts of America. The award is given to deserving individuals who have demonstrated leadership, character, and integrity in their service to the community, their profession and their country. He was also honored by the Metro-Birmingham Branch of the NAACP in 2011, received Alabama Appleseed’s Brewer-Torbert Award in 2012, and was inducted into the Alabama Academy of Honor in 2012.

Richard Carmody Adams & Reese

Richard Carmody joined Adams & Reese in 2003 as part of a merger with an Alabama law firm in which he had practiced since 1975. He practices primarily in the area of insolvency law (“C&I”), and has a network of referral sources that he has developed throughout his career.

A founding member of the American Bankruptcy Institute, Carmody has a nationwide reputation for solid counsel in the field of C&I. As one of the firm’s principal bankruptcy attorneys, Carmody represents clients in difficult financial matters. He also provides counsel to lenders for complex commercial transactions and internal policies.

In 1992, he became the first lawyer in Alabama to become certified as a specialist in business bankruptcy by the American Board of Certification. Nationally, Carmody established and served as cochair of the Ethics Committee of the American Bankruptcy Institute (1999–2005), and he is currently serving on the ABI’s Task Force for Ethical Standards. He also is serving as a director and member of the Standards Committee of the American Board of Certification.

In 1999, Carmody was inducted as a fellow in the American College of Bankruptcy and currently serves as a director of the College Foundation and member of the Foundations’s Pro Bono Committee. He is a frequent writer and lecturer on bankruptcy and commercial law topics. Before attending law school, Carmody served eight years as an officer in the United States Army Field Artillery, including two tours in Vietnam.

Clarence Small Charles Denaburg

Photo by Chuck St. John

U.W. Clemon Ralph Cook

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Richard Carmody William Clark

Redden, Mills, Clark & Shaw, LLP William Clark holds a B.S. from the United States Military Academy at West Point and a J.D. from the University of Alabama. While in law school, he served as managing editor of the Alabama Law Review and was elected to Omicron Delta Kappa. Upon graduation he served as law clerk to the Honorable Walter P. Gewin, United States Court of Appeals for the Fifth Circuit. Clark is engaged in a trial and appellate, white collar criminal defense, criminal defense, domestic relations, and civil litigation practice.

He has served as president of the Birmingham Bar Association, the Birmingham Bar Foundation, the University of Alabama Law School Alumni Association, the University of Alabama Law School Foundation, and the Alabama State Bar Association, 2003–04. In 1981, he was awarded the Alabama State Bar Award of Merit for his service as chair of the State Bar Committee on Indigent Defense.

In 1989, he received the Walter P. Gewin Award given by the Alabama Bar Institute 120

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William Clark

for Continuing Education for service in the area of continuing legal education and the Outstanding Alumnus Award from the Student Farrah Society from the University of Alabama School of Law in 1991. In 1994, he received the Roderick Beddow, Sr. Award by the Alabama Criminal Defense Lawyers’ Association for distinguished service in the field of criminal law. In 2010, he was presented the L. Burton Barnes III Award for Public Service by the Birmingham Bar Association. He is an elected member of the American Law Institute, and a Fellow in the American College of Trial Lawyers.

He is listed in The Best Lawyers in America in the areas of white collar criminal defense, criminal defense, DUI, and domestic relations, and was selected as The Best Lawyers 2012 Birmingham Criminal Defense: White Collar Lawyer of the year. He is also listed in Super Lawyers.

Anne Mitchell Baker Donelson

Anne Mitchell was born in 1948 in Tuscaloosa, the oldest of what would become a

family of nine children. The family moved to Fairfield, where Mitchell graduated from Fairfield High School in 1966. She graduated from Huntingdon College in 1970 with majors in English and art and moved with her husband, Ira C. Mitchell, Jr., to Heidelberg, Germany, where he was stationed with the U. S. Army. After living for a time at Ft. McClellan, the family moved to Edmonton, Alberta, Canada, where Ira attended graduate school.

In 1975, Mitchell returned to Birmingham and entered Cumberland School of Law. In 1978, she was hired as an associate by Berkowitz, Lefkovits and Patrick. She began to concentrate her practice in estate planning and administration and often spoke on those topics. She served a term as Bar Examiner and served on various state and local bar committees. In 2008, she began to spend half the year in Salt Lake City, telecommuting for Baker Donelson from there.

Today, she is active in Zonta International (a worldwide organization of executives in business and the professions working together to advance the status of women); Southern Utah Wilderness Alliance; the

PROMOTION

topflight attorneys

FIRM EXPERIENCE:

The attorneys of Hollis, Wright, Clay & Vail, PC bring great litigation experience to serve their client base. Focused on representing individuals and business clients all over the country, the attorneys of Hollis, Wright, Clay & Vail, PC are strongly committed to providing legal services in the following fields:

Catastrophic Personal Injury Wrongful Death Construction & Work Accidents

Truck & Auto Accidents Alcohol Related Injuries Environmental Dumping

Auto Defects & Designs Defective Products Drug & Pharmacy Claims

County & City Government Claims Commercial Business Disputes Medical Negligence

Financial Fraud Bad Faith Insurance Mass Tort & Class Actions

In the last eleven years, the firm has represented over 25,000 clients in individual cases and multi-party claims. The firm takes on single-party cases and also represents small businesses and claims involving thousands of clients at one time (called mass tort actions). We believe in representing each client with compassion and attention, which is consistent with the firm’s motto: “Work hard every day to ‘level the playing field’ for personal injury victims, consumers, and businesses with a level of quality and service more commonly associated with the corporate community.”

CURRENT LITIGATION PROJECTS: In addition to representing clients in the above practice areas, the attorneys are currently representing hundreds of clients that were injured as a result of various pharmaceutical and medical devices or implants including, metal on metal hip implants, transvaginal mesh products, Actos, Mirena IUD, Pradaxa, Risperdal and Granuflo.

FIRM RESULTS: The attorneys that make up the firm are responsible for, or have participated in, cases rendering verdicts, awards, or settlements throughout their professional careers in an amount totaling over $1 billion. Although such previous recoveries are not indicative of future results, the attorneys of Hollis, Wright, Clay & Vail, PC are proud of their history of verdicts, awards, and settlements. Experience does equal results!

NOTABLE VERDICTS & SETTLEMENTS: •$81,500,000 Fraud Verdict •$17,308,000 Commercial Arbitration Award •$3,766,000 Pool Drowning Verdict •$3,500,000 Wrongful Death Verdict •$3,000,000 Motorcycle Wreck Verdict •$1,600,000 Defective Saw Verdict •$1,450,000 Car Wreck Verdict

Hollis, Wright, Clay & Vail P.C. Watch on Sunday Nights

2201 Morris Avenue, Birmingham, AL 35203 (205) 324-3600 or toll free (844) LAW-TALK www.hollis-wright.com

(@hollis_wright)

No representation is made that the quality of legal services to be performed is greater than the quality of legal services performed by other lawyers.

Anne Mitchell Alabama State Bar Unauthorized Practice of Law Committee; board of directors, Alabama Law Foundation; as a mentor for Birmingham Volunteer Lawyers Program; Birmingham and Salt Lake Estate Planning Councils; and Utah Native Plant Society.

Lee Thuston

Burr and Forman Thuston is Burr & Forman’s Managing Partner. He served as Alabama Counsel during the site selection and negotiation processes for Mercedes-Benz U.S. International, Inc.; The Boeing Company; Mi-Tech Steel, Inc.; and IPSCO Steel when these companies chose to locate their facilities in the State of Alabama.

He assisted Honda Manufacturing of Alabama with the implementation of its incentives package with Alabama for the development of its plant in Lincoln. Thuston also negotiated the incentives packages with the State for the recent Mercedes-Benz and Honda plant expansions in the state. Additionally, he assisted with negotiations on behalf of both DaimlerChrysler AG and Michigan 122

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Lee Thuston

Automotive Compressor, Inc. (an affiliate of Toyota Industries) during their site selection and incentives negotiation processes with the state of Georgia.

Thuston also assisted Hyundai Motor Manufacturing Alabama, LLC, with the implementation of its incentive package with the state of Alabama for the development of its plant in Montgomery. Thuston oversaw the site selection process for a new transmission manufacturing facility being developed

by Honda Motor Company in Tallapoosa, Ga. In 2006, Thuston and his partner, Warren Matthews, assisted with the site selection process for KIA Motors Corporation for a new automobile manufacturing facility to be located in West Point, Ga. Thuston and Warren Matthews represented ThyssenKrupp in its site selection and negotiation processes to locate manufacturing facilities in Mobile, Ala. Most recently, Thuston and other lawyers in the firm are working with Airbus for the establishment of a manufacturing plant also in Mobile. To date, Thuston has worked on new economic development projects and expansions representing more than $16 bil-

lion of capital investment and the creation of thousands of new jobs.

Thuston is listed in The Best Lawyers in America in the General Corporate Law and Economic Development categories. He is also listed as a “Leader in their Field” in Chambers USA, America’s Leading Lawyers for Business, and Alabama Super Lawyers. Thuston and colleagues Louis Anders and Warren Matthews co-authored the Alabama Limited Liability Company Forms and Practice Manual.

Thuston is a fellow of the Birmingham Bar Foundation, the Alabama Law Foundation, and the American Bar Foundation, all of which recognize significant contributions to the legal profession and the community.

Thuston currently serves on the board of directors for the Alabama Automotive Manufacturers Association, the Alabama Wildlife Federation, the Birmingham Business Alliance, the Cahaba Foundation, and the Comprehensive Cancer Care Center at the University of Alabama at Birmingham.

Thuston is the former board of directors’ president of Girls Incorporated of Central Alabama and previously served as a member of its national board of directors.

“Sirote & Permutt emphasizes client service by engaging attorneys of the highest caliber. Clients benefit from our experience in providing competent counsel. With attorneys who are recognized for their knowledge and talent, our law firm is well situated to provide clients with sophisticated counsel in Alabama and the Southeast.”

For creative legal solutions to your complex needs.

The Answer is Sirote.

John H. Cooper CEO, Sirote & Permutt

Sirote & Permutt attorneys Gaile Gratton and Brad Sklar.

Birmingham Hunstville Mobile Fort Lauderdale Pensacola 205-930-5100 • sirote.com No representation is made that the quality of legal services to be performed is greater than the quality of legal services performed by other lawyers.

Legal Notes Top Deals  Colonial Properties &

Mid-America Apartments

Mac Moorer, of Lightfoot, Franklin, and White, LLC, explains the merger between Colonial Properties and Mid-America Apartments: “The $8.3 billion merger of Colonial Properties Trust (CPT) and Mid-America Apartments, Inc (MAA) was announced in early June 2013 and closed on Oct. 1, 2013.

For each share of CPT stock owned by a CPT stockholder, they received 0.36 shares of MAA stock. After the transaction closed, CPT shareholders owned 44 percent of the ‘new’ MAA and MAA shareholders owned the remaining 56 percent.

“Several CPT trustees joined the MAA board of directors in the deal, with MAA CEO Eric Bolton continuing on as CEO of 124

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the new combined company. MAA will continue to be headquartered in Memphis, with Birmingham CPT corporate offices phased out. Although technically termed a ‘merger,’ the practical effect of the transaction was the acquisition of CPT by MAA, as the new MAA very closely resembles the old MAA in terms of management, business model, and Memphis-based corporate operations.”

Stockham and Stockham & White, Arnold and Dowd

One of the major mergers in Birmingham—nominated a number of times as a top

deal—was the unification of law firms Stockham and Stockham and White, Arnold and Dowd. Rusty Weaver, an attorney at Weaver Tidmore, LLC, both named the merger as a top deal and offers an explanation: “White, Arnold and Dowd was an 18-lawyer firm, and they merged with the three-lawyer firm of Stockham and Stockham. The two firms were longstanding and well-respected firms in the Birmingham legal community. The merger created a firm with a more diverse practice, taking the already broad-based practice of White Arnold and adding the solid civil litigation defense practice of the Stockham firm. It is a classic example of two firms

Stockham and Stockham & White, Arnold and Dowd

“The merger created a firm with a more diverse practice, taking the already broad-based practice of White Arnold and adding the solid civil litigation defense practice of the Stockham firm. It is a classic example of two firms joining to form an entity greater than the sum of its parts.”

PROMOTION

topflight

attorneys

Najjar Denaburg, PC is located on historic Morris Avenue in a renovated 1800’s warehouse, with the firm’s origin dating back to 1962 and an early office sharing arrangement between Charles Denaburg and Tom Najjar which began in 1962. The existing firm was formed in 1985. The firm’s philosophy is to forge client relationships that will last a lifetime by putting the client first and by offering beneficial solutions to the legal problems presented by their client. Adherence to this approach has enabled it to maintain lasting relationships with individual and business clients across the nation in a wide array of industries, including banking, finance, real estate development and manufacturing.

The firm’s attorneys possess extensive experience in varied practice areas including: Mediation/Alternative Dispute Resolution; Matrimonial and Family Law; Real Estate; Foreclosure; Corporate and Business Law; Insolvency and Restructuring/Bankruptcy; Litigation; Construction Law; Landlord Tenant Law; and Estate Planning and Probate. Najjar Denaburg is Alabama’s only member of the Legal Netlink Alliance, an international alliance of carefully selected, midsized, general practice, independent law firms across the globe. The Birmingham Bar Association awarded Charles Denaburg the prestigious Lifetime Achievement Award in 2011, an award that is presented to outstanding and distinguished members of the BBA based upon service to the

Bar and the community and professional achievement, and he is listed as one of the top ten attorneys in Alabama

by Business Alabama Magazine. Charles Denaburg, Steve Wright, Robin Burrell, Richard Theibert, Marty Franklin and Karen Knowlton are rated AV (the highest rating) by Martindale Hubbell, as is Steve Corenblum, who is Of Counsel. Charles Denaburg, Steve Wright and Robin Burrell have been recognized in The Best Lawyers in America® and Super Lawyers for many years, and Steve Altmann was recognized in Super Lawyers in 2012. Steve Wright is a Fellow in the International Academy of Matrimonial Lawyers, USA Chapter, and Robin Burrell and Steve Wright are Fellows in the American Academy of Matrimonial Lawyers. The firm’s bankruptcy department has attorneys certified by the American Board of Certification including Marty Franklin in Consumer Bankruptcy Law and Charles Denaburg in Business, Bankruptcy and Creditor’s Rights law. Charles Denaburg is a Fellow of the American College of Bankruptcy. In 2014, Rachel Moore received the award for Commercial Litigation from Corporate International Global. Todd Miner was featured in B-Metro’s 2013 Rising Stars of the Bar. Richard Theibert teaches real estate law at The Birmingham School of Law and has been selected as Teacher of the Year for eighteen consecutive years. The firm’s attorneys are also very involved in the Bar, including committee participation and leadership and volunteer pro bono work at the state and local levels. Robin Burrell was elected by her peers as the President of the Birmingham Bar Association, a position she currently holds.

The firm congratulates Charles Denaburg for his selection as a Lifetime Achievement Award Honoree in this issue of B-Metro.

To meet Najjar Denaburg’s attorneys and review additional information about their areas of practice, you may visit the firm’s website at www.najjar.com.

Najjar Denaburg, P.C. 2125 Morris Avenue Birmingham, Alabama 35203 205-250-8400 • www.najjar.com

No representation is made that the quality of legal services to be performed is greater than the quality of legal services performed by other lawyers.

joining to form an entity greater than the sum of its parts.”

 ServisFirst Bank Finances Birmingham School of Law

Paul Comptom, of Bradley Arant Boult Cummings, LLP, named this case as one of 2013’s top deals. He explains why it was innovative and beneficial to Birmingham: “Birmingham School of Law teamed up with ServisFirst Bank and Enhanced Capital Partners to use Alabama New Markets Tax Credits (NMTC) and federal Historic Rehabilitation Tax Credits to make renovation of the old Tom Williams BMW location on 22nd Street in Birmingham’s south side an attractive proposition. It was only the second Alabama NMTC transaction to be consummated at the time. ServisFirst banker Meredith McLaughlin, who was otherwise working with the leaders of Birmingham School of Law on interim financing, for its desire 126

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to find a larger, renovated building for its student body, suggested combining Alabama NMTC and federal HTC in the form of a construction/mini-perm loan.

McLaughlin had just closed the first Alabama NMTC transaction for Iron City Live, just down the street from the new home of Birmingham School of Law. ServisFirst’s counsel was Bradley Arant Boult Cummings LLP’s partners Paul Compton and Beau Byrd.

“Alabama NMTC, enacted in 2012, provides a state income tax credit for investors that provide funding to a community development entity. The tax credit is equal to 50 percent of the amount invested and is claimed in installments over six years.

The community development entity, in turn, must provide seven-year loans on favorable terms to businesses and nonprofits in low-income census tracts, such as much of the city of Birmingham. ServisFirst agreed to be that investor and worked to bring the Alabama NMTC of Enhanced Capital into the transaction. Enhanced Capital had received an award of Alabama NMTC from the Alabama Department of Commerce because of Enhanced Capital’s prior work in Alabama with federal New Markets Tax Credits. ServisFirst also agreed to be the loan servicer for Enhanced, providing a single source of contact for Birmingham School of Law. “ServisFirst also agreed to invest simultaneously in the federal Historic Rehabilitation Tax Credits. Those were available because the building was constructed before 1936 and was part of a historic district. Careful work was done with the National Park Service to meet its standards for the renovation of the building.

That federal income tax credit is equal to 20 percent of the renovation (but not acquisition) cost of the building. It requires an equity investment in either the owner, or, as in

this case, the lessee of the historic building.

“Combining two different programs gave rise to its own complexities. Four new entities had to be formed, various leases were put in place, careful financial modeling was required, tax and legal opinions were rendered, and all the usual considerations of commercial construction finance were present. The new markets funds, provided to Enhanced Capital through both a limited liability company equity contribution and a ‘leverage loan’ secured by LLC interests, came into the owner of the building in the form of a commercial loan, disbursed during construction. The expected proceeds of the historic tax credits were initially ‘bridge loaned’ in

by ServisFirst to an entity that held a master leasehold interest in the building. Over time, that was replaced by the actual historic tax credit proceeds. The financial plan also provided for all of the financing to be unwound at the end of the tax credit investment periods, with a transition to conventional term financing.

“With the NMTC and HTC financing closed in May 2013, the new home of the Birmingham School of Law opened to its students just eight months later, in January 2014. The project provided a win-win-win for the parties and the local community.”

Benchmark Decisions The Jefferson County Bankruptcy

Over and over again, those whom we surveyed in the legal community pointed to this case as the one that both affected Birmingham as a whole and set a national precedent.

David Guin, of Guin, Stokes, and Evans, offers an explanation of what went wrong, how it was fixed, and why it mattered on a national scale. “Jefferson County and local municipalities failed to adequately maintain their sewer systems for decades, leading to a federal consent decree in the 1990s, in which the county agreed to take over most of the local sewer systems and to bring them up to modern standards. However, instead of just fixing and updating the current systems, the

PROMOTION

topflight attorneys

Kirk Drennan, P.C. Jessica Kirk Drennan, family and matrimonial attorney since 1996 and founder of Kirk Drennan, P.C. attributes her great success to diligent preparation, creative solutions and passionate advocacy. Her firm focuses on divorce, alimony, child support, asset preservation, asset division, custody, visitation, dependency, paternity, adoption and pre and post-nuptial agreements. With considerable experience in complex litigation, Kirk Drennan, P.C. handles cases involving high asset marital estates, alimony and custody in controversy. She serves as President of the Alabama Chapter of the American Academy of Matrimonial Lawyers, and is active in the Family Law Sections of the American and Alabama Bar Associations.

Not only is Jessica dedicated to family and matrimonial law, she also is dedicated to her community. She serves as a board member for the Children’s Village, Leading Edge Institute and AROVA Birmingham Contemporary Ballet. Jessica is also the Founding Member of the Legal Leaders for Muscular Dystrophy Association. As a business owner she is also active in Alabama Women in Business and The Women’s Network.

With 18 years of litigation experience including, but not limited, to Birmingham, Shelby County, Huntsville, Tuscaloosa and Alexander City. Jessica and the members of Kirk Drennan P.C. are dedicated to their work and share a passion for helping people, children and families. With that passion Jessica has recently published a book to help people better understand the divorce process. Her goal in writing Divorce in Alabama over the past year was to identify the questions many of you have and provide answers according to Alabama law. Jessica and her firm know and respect that every family and every situation is unique.

Jessica Kirk Drennan, author of Divorce in Alabama Available at Alabama Booksmith and Barnes and Noble.

Kirk Drennan, P.C. (205) 803-3500 www.kirkdrennanlaw.com

No representation is made that the quality of legal services to be performed is greater than the quality of legal services performed by other lawyers.

ruptcy was the largest governmental bankruptcy in U.S. history, although it now has been eclipsed by the bankruptcy of Detroit, Mich. The bankruptcy cost the county more than $24 million in legal fees. More importantly, the county lost more than 1,700 employees and reduced services and got a big black eye in the financial/lending world.

But by exiting the bankruptcy, even at great cost (and an even longer term debt that will require future sewer rate increases), at least the county can now turn its attention back to serving its citizens.”

 Christopher v.

Christopher

The Jefferson County Bankruptcy

“...Politicians don’t like hard choices, like raising sewer rates enough to pay for the bond interest. They tried to impose a new occupational tax to pay for the bond interest, but when that failed, they filed bankruptcy...” county began a massive expansion of the sewer system, including the since-canceled ‘Super Sewer’ that would have required numerous tunnels under the Cahaba River in order to foster commercial development in and around Liberty Park,” he says. “To finance that expansion, the county sold about $3.4 billion in variable-rate and auction-rate bonds tied to interest rate swaps. I believe only about half that amount was truly necessary to bring the sewer system up to snuff.

The remainder was inflated to pay for unnecessary expansion (i.e., the Super Sewer) and corruption. County commissioners accepted bribes from sewer contractors and bond underwriters for the sewer and bond business.

By 2010, 21 people, including four county 128

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commissioners, had been convicted of corruption charges.

“The county was able to pay the bond debt for a while. But during the recent financial crisis, the auction rate market collapsed, causing interest rates owed by the county to soar. Because of the LIBOR scandal, the interest rate swaps did not provide the hedge against increased rates that had been anticipated, causing the county to owe much more in bond interest than it could afford. Politicians don’t like hard choices, like raising sewer rates enough to pay for the bond interest.

They tried to impose a new occupational tax to pay for the bond interest, but when that failed, they filed bankruptcy,” he explains.

“At the time, Jefferson County’s bank-

Jessica Kirk Drennan, who founded Kirk.

Drennan, P.C., law firm, shares why Christopher v. Christopher was an important case for Alabama: “Christopher v. Christopher is the case that abolished post-minority support for college expenses in Alabama. This case was issued by the Alabama Court of Civil Appeals in the fall of 2013.

«Formerly, a divorced parent could petition the court for post-minority support for college expenses as long as the petition was filed before the 19th birthday of the child.

The case that authorized this award was Ex parte Bayliss. Under Bayliss, there were some restrictions, such as the award was limited to the cost of an in-state student attending a state school such as the University of Alabama or Auburn University. Additionally, the child had to be enrolled full time and maintain a C grade point average.

In Christopher, the court overturned Ex parte Bayliss, which had been controlling law for about 20 years, stating that Ex parte Bayliss was an improper interpretation and extension of the statute in the Code of Alabama that authorizes the payment of child support in divorce actions. The result is that now, if you are a child of divorce, the court cannot order your parents to contribute to your college expenses. These expenses will be paid voluntarily or not at all. Christopher has no retroactive application, so if you have an order from divorce court or family court awarding you post-minority support, it remains a valid order that can be enforced.”

 Miller v. Alabama

Lara McCauley Alvis, of Alvis and Al-

PROMOTION

topflight attorneys

Steven Eversole

Protecting Your Family’s Most Important Assets Eversole Law Firm’s number one priority is the protection of your rights and the rights of your family. With two small children himself, Steven has dedicated his life to protecting his clients’ most important interests. His firm devotes extra time to each client and only takes a limited number of clients each year.

Although known for his aggressive style in the courtroom, Steven often finds a way to just as effectively handle a divorce through cooperative mediation, in a non-hostile environment where people don’t walk away feeling like they’ve run the gauntlet. This approach can be especially important in cases where children are involved.

Our legal team is well versed in all the legal issues pertaining to divorce in the state of Alabama. In fact, Steven Eversole regularly publishes his own blog on the subject, an ongoing project that allows him to always stay up-to-date on even the slightest changes in the law.

Mr. Eversole is one of B-Metro’s 2014 Rising Stars as nominated by his peers and a 2013 Top 100 National Trial Lawyer as voted by the National Trial Lawyers Association. He has been recognized as a Top Family Attorney by Birmingham Magazine. He focuses his practice on Child Custody, Divorce, Wills & Estates.

850 Corporate Parkway, Suite 112, 114 Birmingham, Alabama 35242 Toll Free: (866) 831-5292 •Phone: (205) 981-2450 www.birminghamdivorcelaw.com • www.birminghamdivorceblog.com No representation is made that the quality of legal services to be performed is greater than the quality of legal services performed by other lawyers.

vis, LLC, nominated a case that changes the way Alabama sentences juveniles. “This case follows a line of cases that have treated juvenile offenders differently when being tried for a capital crime. In a capital case, there is a guilty phase and sentencing phase to determine punishment. However, before the Miller v. Alabama decision, the only option for a juvenile defendant convicted of a capital crime was that of Life Without Parole (LWOP),” she explains.

“The Supreme Court of the United States held in the Miller decision that ‘life imprisonment without parole for those under the age of 18 at the time of their crime violates the Eighth Amendment’s prohibition on cruel and unusual punishment.’ It is important to understand that a juvenile offender after the Miller decision can still receive a life without parole sentence, but the jury must be given a sentencing option other than LWOP. There is a case currently before the Alabama Supreme Court to determine if this case will affect only the juveniles tried capitally in the future or if it will apply retroactively which would treat those convicted before the Miller decision equally to those after it. To understand the significance of this decision, it is important to note that when someone is sentenced to LWOP, they will spend the rest of their natural life in jail.”

a nonprofit working toward a environment, a economy, and communities throughout the Southeast.

clean strong

vibrant

share the vision at

SouthernEnvironment.org

ASHEVILLE • ATLANTA • BIRMINGHAM • CHAPEL HILL • CHARLESTON CHARLOTTESVILLE • D.C. • NASHVILLE • RICHMOND

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Top Jury Decision Derric Rush v. Club Volcano

Wayne Morse, of Waldrep Stewart & Kendrick, LLC, nominated this case, and explains why it is an important decision: “Eliminating drunk drivers is a subject upon which everyone can agree. Rush v. Kendrick was selected because of the important message the jury sent regarding the seriousness of impaired drivers and the sanctity of life. The Rush family was at a night church service. Less than an hour later, Mr. Rush was killed by an off-duty, drunk Birmingham police officer speeding at 110 mph. Most adults have been affected by a drunk driver.

They, a family member, or a friend have been injured or killed. Despite public awareness of the danger, it occurs still. Thanks to the Rush jury for holding the nightclub and drunk cop accountable for their egregious wrongdoing and sending a message that this conduct has grave consequences for the living as well as the dead…. The case is significant because the result was justice. It sends a message to these clubs that they will be accountable for their conduct.”

James Kendrick, the driver under the influence, was sentenced to 12 years in prison in a separate criminal trial. The civil verdict

Derric Rush v. Club Volcano

“The Rush family was at a night church service. Less than an hour later, Mr. Rush was killed by an off-duty, drunk Birmingham police officer speeding 110 mph. Most adults have been affected by a drunk driver. They, a family member, or a friend have been injured or killed. Despite public awareness of the danger, it occurs still.”

PROMOTION

topflight attorneys

The Power to Make Your Life Whole Again.

Shaw & Peeples, L.L.C. focuses on family law and personal injury areas of civil litigation.

Paul Shaw Paul, an AV- RatedTM attorney, is well-acquainted with the trauma that families can go through. He co-authored a popular book on the subject, Saving Your Assets When You Can’t Save Your Marriage. Paul is a graduate of Auburn University and the University of Alabama School of Law. He is a member of both the Alabama and Mississippi State Bars. Paul has been recognized as a “Super Lawyer” by Business Alabama Magazine, as a Top Five Divorce Attorney by Birmingham Magazine and “Top 40 Under 40” by Birmingham Business Journal.

Candace Peeples Candi believes that every case has the potential to settle out of court and strives to exhaust all possible avenues of settlement while fully understanding that a trial may sometimes be the only option. She is a certified domestic and appellate mediator.

Candi has been honored to be selected by Birmingham Magazine as a “Top Attorney” in Family Law. She is the immediate past Chair of the Family Law Section of the Alabama State Bar and was one of the Birmingham Business Journal’s Top 40 Under 40.

Elizabeth Shaw Elizabeth is a trial attorney with over 20 years of litigation experience. She specializes in Plaintiff ’s Personal Injury Litigation. She has been selected by Birmingham Magazine as one of the city’s “Top Attorneys” in Plaintiff ’s Personal Injury Law. Elizabeth is a graduate of the University of Alabama and the University of Alabama School Of Law. She is a member of the Alabama State Bar Association, the Birmingham Bar Association, and is admitted to practice in the Federal Court System for the State of Alabama.

Shaw & Peeples, L.L.C.

2924 Crescent Avenue • Birmingham, Alabama 35209 205/871-9550 paul@shawandpeeples.com • candi@shawandpeeples.com • elizabeth@shawandpeeples.com No representation is made that the quality of legal services to be performed is greater than the quality of legal services performed by other lawyers.

also required Club Volcano to pay $37 million ($27 million to Rush’s family and $10 million in punitive damages) and that Kendrick pay $3.5 million. The family was represented by Leon Ashford and Jamie Moncus of Hare Wynn.

Pro Bono Firms  Baker Donelson

Across the board, the legal community named Baker Donelson as one of the most active pro bono firms in Birmingham. Lisa Borden, the attorney/shareholder who oversees the firm’s pro bono program, shares how Baker Donelson has been making a difference in the city of Birmingham through their pro bono work. “Baker Donelson’s Birmingham attorneys devoted more than 2000 hours to pro bono in 2013,” she says. “They used that time to help vital organizations 132

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like the Birmingham Bar Volunteer Lawyers Program, Oasis Counseling Center, Alabama Coalition Against Domestic Violence, Legal Aid Society of Birmingham, Norwood Resource Center, Sidewalk Film Festival, and many more.”

According to Borden, The Baker Donelson team handled numerous divorce and adoption cases for low-income clients, primarily through the BBVLP. They also administer the two homeless shelter legal clinics they founded in 2008 at the Firehouse and First Light shelters and organized and coordinate the new city of Birmingham homeless court program, called Turning Point. They also coordinate all the legal ser-

Baker Donelson

vices for the homeless at the annual Project Homeless Connect event. And they formed and represented the Four Spirits organization that brought the permanent memorial to the four little girls killed in the 1963 16th Street Baptist Church bombing to Kelly Ingram Park.

Moreover, the firm represents the plaintiffs in the “debtors prison” litigation against the city of Harpersville, and are working in many other ways to fight the spread of private probation practice in Alabama. Baker Donelson also represents an Alabama death row inmate in post-conviction proceedings, as well as amici in supporting the post-conviction appeals of other death row inmates.

“The Baker Donelson team handled numerous divorce and adoption cases for low-income clients, primarily through the BBVLP. They also administer the two homeless shelter legal clinics they founded in 2008 at the Firehouse and First Light shelters and organized and coordinate the new City of Birmingham homeless court program, called Turning Point.”

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Nolan Byers, PC was founded in 2013 by Frances Ross Nolan and Leigh Reynolds Byers, to provide clients with access to all the options available today for resolving family law disputes. Recognizing that most clients are unfamiliar with the legal system and that every legal dispute creates enormous stress, our focus is on understanding each client’s concerns, educating them about their rights and choices and working with them to achieve their goals. We provide clients throughout

Central Alabama with exceptional legal services in all aspects of family law, including: jurisdictional divorce issues, marital property characterization, asset valuation and division, spousal and child support, child custody, paternity matters, and prenuptial, postnuptial, and marital settlement agreements. As sophisticated problem solvers, we are also qualified to offer clients a cutting edge alternative to the conventional legal dispute resolution process known as Collaborative Divorce.

205.314.0636 • www.nolanbyers.com No representation is made that the quality of legal services to be performed is greater than the quality of legal services performed by other lawyers.

 Christian & Small

Christian & Small boasts a number of attorneys who have been involved in pro bono work in the past several years. Katharine Hawkins, director of events and client services at the firm, shares some of the achievements in this area by Christian & Small attorneys.

Richard Smith performed many hours of pro bono work for Passport, Inc., a ministry that offers mission trips for high school and college students all across the world. Passport is a nonprofit organization headquartered here in Birmingham. Smith handles insurance issues, liability claims, and employment issues for them and has for the last 20 years.

This past year he worked with P.A.W.S. for Autism, a nonprofit that assisted in the passage of a state law allowing children with autism to bring their trained dogs with them to school so that they could be mainstreamed in the public schools. Smith also offers pro bono legal advice on an as-needed basis for Christian Women’s Job Corps and MPOWER Minisitries, both headquartered in Birmingham, having previously served on their boards of directors and having been on the advisory teams that incorporated those organizations as nonprofit organizations.

“I really like working with these organizations even though I do not publicize it very much,” Smith says.

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He’s not the only Christian & Small attorney who used his legal prowess to empower the community.

Steven Benefield performed estate planning documents, conservatorships, and guardianships, as well as some general counseling and advising for people who couldn’t afford to pay.

Abbott Jones handled a pro bono immigration case.

According to Hawkins, a legal immigrant was incarcerated (in Alabama) based on a federal law deeming his nearly 20-year-old guilty plea for theft a deportable offense.

The authorities put him in prison, where he remained for more than five years. His family (all citizens or legal immigrants on the path to citizenship) is in New York. Jones filed a petition for writ of habeas corpus on his behalf, and a firm in New York handled the appeal of his deportation mandate. He was released last summer and is home with his family now.

Bob Cooper handled a divorce matter for an indigent client through the Volunteer Lawyers Program as a part of their assumption of all of the cases that the YWCA program had when it lost its funding for the program. He is currently handling a contract/home repair dispute for a homeowner through the VLP. He has agreed to take at least two cases per year. Judge Sonny Ferguson is one of several lawyers who does pro bono mediations for the Domestic Relations Court. Twice a year, he participates as a mediator at a settlement docket that usually will last half a day. He also sits as a Special Judge (pro bono) a couple of times a year out of county on domestic cases.

 Cory Watson Crowder DeGaris

Melanie McCraney, marketing director for Cory Watson Crowder and DeGaris, shares the way the firm had a direct part in Birmingham’s 2013 celebration of the ways the city has evolved since the Civil Rights events of 1963. “Cory Watson Crowder

and DeGaris sponsored the Birmingham Bar Foundation’s Journey for Justice Project in 2013. Journey for Justice filmed and produced the documentary Preserving Justice, which chronicled the efforts of Birmingham attorneys during the civil rights movement in 1963. Leila Watson, a founding shareholder at Cory Watson Crowder and DeGaris, served as a co-chair of the Birmingham Bar Foundation’s Film Committee that produced Preserving Justice. She wrote the script for the documentary and served as executive producer. “[Preserving Justice] took a closer look at the contributions of lawyers to the Civil Rights Movement. The Journey for Justice Project is a 26-minute documentary film being made by producer Mike Letcher at the University of Alabama Center for Public Television that gives awareness of the attorneys who faced serious death threats to fight in court for civil rights protesters. Watson explained that they send a lawyer to different high schools and middle schools to discuss Preserving Justice. As a part of their interaction with the students, they are given a literacy test (a test that is impossible for anyone to pass) to help the students comprehend what it was like for black people 50 years ago when trying to pass this test in order to be eligible to vote,” McCraney explains.

“I was never refused entrance at any public facility. I was never refused service at any restaurant. I never feared for my safety or even felt threatened because of my foreign appearance. I have never been tested as some have, so I don’t know if I would have had the courage to put my career at stake to represent three young black students that wanted to go to the public school in their Birmingham, Ala., neighborhood in September 1963. I have never lived, gone to school, worked, and pursued my dreams and fortunes without the protection of the Civil Rights Act,” Watson says. “And I never will, because in 1963, there were a handful of lawyers who used their knowledge of the legal process to battle segregationist polices and laws, who were unafraid to speak for an oppressed and unpopular people whose voices were nullified. These lawyers were in Birmingham in 1963, and they and their courageous clients were the catalyst for the passage of the Civil Rights Act in 1964.”

NONSTOP A DVO C AT E S for our clients CONGRATULATIONS to Clarence Small, recipient of the Lifetime Achievement Award, to Abbott Jones and Oscar Price, IV, recognized as Rising Stars, and to Muhammad Abdullah, selected to participate in the Leadership Council on Legal Diversity’s Fellows Program. At Christian & Small, we honor our history and celebrate our future.

No representation is made that the quality of legal services to be performed is greater than the quality of legal services performed by other lawyers.

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Lawyers Are People, Too

Real answers from real lawyers about the rest of life.

Top Law Schools for Alabama Lawyers: The University of Alabama School of Law Cumberland School of Law at Samford University Vanderbilt School of Law Check this out: Several Alabama lawyers went to New York University School of Law.

Favorite Power Lunch Spots:

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Favorite Watering Holes: Billy’s The Wine Loft Otey’s Smoothie King

Favorite Smartphone Apps for Lawyers: QuickOffice DroidLaw Code of Alabama app OpenTable “I am old-school. Flip phones are fine for me.”

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What has been the biggest change in practicing law in the past five years?

“Technology and its effect on mobility.”

“The attraction of the law for young students.”

“Fewer cases being filed in the state.”

“The number of lawyers changing firms.”

What would you be if you weren’t a lawyer?

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First Listen to the Bard

Forget that line about killing all the lawyers; for trial attorneys, there’s much more to be learned about advocacy from the works of Shakespeare.

Kim West, an attorney at the law firm of Wallace, Jordan, Ratliff and Brandt teaches a course in Shakespeare and Trial Advocacy at Cumberland, using lessons from Shakespeare’s plays to help lawyers become more persuasive advocates for their clients. This is a unique approach in trial advocacy training among law schools across the U.S. Cumberland is known for focusing on training trial attorneys. There is a really interesting link built into many of Shakespeare’s plays that works well as a training tool for attorneys, West says. “I teach Shakespeare as drama intended to be performed. This lets the students get on their feet and really practice their skills,” she says.

In addition to her legal training, West

recently received a master’s degree in English literature from the University of the South.

These twin interests come together in her course work at Samford and the recent staging of Shakespeare at the law school.

Wallace Jordan and Cumberland brought the American Shakespeare Center’s 25th Anniversary “World’s Mine Oyster” Tour to Cumberland, where the Great Hall was transformed into a theatre of the imagination utilizing the simplest of props (as in Elizabethan and Jacobean days) for two performances: Othello and The Merry Wives of Windsor. The plays were performed to a small but sold-out audience, and the weekend included continuing education training for attorneys as well.

“The event was stunning. Cumberland embraced the idea of the performance, and Cumberland’s development director, David Hutchins, did a marvelous job in making this event work. It was just terrific. Tracy Luke and Deborah Young are instrumental in trial advocacy program, and they really made it happen, as well,” West says.

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